1 (0) Nothing contained in this Act shall affect any land held by a tenant or lessee under Governmeilt, or local bodies in the State, or any unallotted evacuee land.
(2) The provisions of Sections 9, 9-A and 18 shall not apply to lands leased out by the Punjab State Co-operative Land Mortgage Bank Limited established under the Punjab Co-operative Land Mortgage Banks Act, 1957.]
Comments Surplus area--Evacuee property--Evacuee prope11y is excluded from computation so long that land remains evacuee property--Once the land is allotted to a person it becomes his property and it loses the character of being evacuee property--Subsequent acquisition of the land by appellant under Section 14B of the Punjab Security of Land Tenures Act and excess land recomputed--No illegality in the order--Haryana Ceiling of Land Holding Act, 1972, Section 32. Mis. Saraswati Industrial Syndicate v. State of Haryana, 2001(4)ICC (Supreme Court) 572 Section 21(1 )--Shamlat deh--Lease--Eviction-- Tenancy--A person in possession of Shamlat deh as lessee from the Gram Panchayat becomes unauthorised occupant on expiry of term of lease unless the term of lease is extended or renewed or fresh lease granted--Such person is liable to be ejected under Section 7 of the Punjab Village Common Lands Act, 1961 and is not entitled to the protection of Section 21( 1) of the Punjab Security of Lands Tenures Act, 1953 as the Panchayat Lands have been excluded from its purview. Fatia v. B.R. Anand, 1998(3) ICC (Ph. & Hry.)(D.B.)
17 : (1998)2 PLR 495 Section 21-- Tenancy--Holding over tenant--Rent--Non payment of-- Consequences-- Tenant in possession of the property-- TransfeITed--Held, the tenancy Section 21 renumbered as sub-section (I) of that section and after sub-section (J) so renumbered a new sub-section (2) . Added by Punjab Act No. 14 of 1962. section 8.
of the tenant does not come to an end automatically--He would be deemed to be in possession as tenant unless there was an elevation in his status--Payment of rent is not necessary--Only Agreement to pay is sufficient under which it becomes tenant by implication of law. Amar Nath v. Kabal Singh, 2000(4)/CC (Pb. & Hry.) 360 Section 21-- Tenancy--Rent--Non payment of--Receipts--Held, if the tenant is holding receipts of rent paid to the landlord but the landlord pleads that the said receipts do not relate to the property in question under tenancy, it is for the landlord to prove as to which property the same is related to and if not to the property in possession of the tenant. Amar Nath v. Kabal Singh, 2000(4)/CC (Pb. & Hry.) 360 I[21-A. Power to remove difficulties by modifications of provisions in certain cases.-(l)The State Government may, for the purpose of preventing or removing any hardship or difficulty, by a special or general order, to be notified in the official Gazette direct that any of the provisions of this Act shall apply to any class of tenants or owners, with such modifications, as may be specified in that order.
(2) Any order made under sub-section (1) shall be laid before 2[***] the Legislature during the session next followin~ after the making of such order, and unless the said order is approved by [***] the Legislature, with or without modification, it shall cease to have effect.]
For Haryana only Any order made under sub-section (1) shall be made before the (house of legislature) during the session next following after the making of such order and unless the said order is approved by (house of legislature) with or without modification it shall cease to have effect.